Disenfranchising the Negotiators: Consequences of the WTO Appellate Body's Interpretation of Article 9.1(c)
Article from: TDM 3 (2004), in Intersections: Dissemblance or Convergence between International Trade and Investment Law
The WTO Dispute Settlement System, including the Panels and the Appellate Body (AB), are important components of the world-trading system. Their decisions are used to clarify the WTO Agreements and to resolve disputes between WTO Members. Although the Dispute Settlement System plays an important role in clarifying the Agreements through its decisions, it cannot add to or diminish the rights and obligations in the Agreement. This is made absolutely clear in Articles 3(2)1 and 19(2)2 of the Dispute Settlement Understanding. In the three Reports that it issued in the Canada - ...